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HomeMy WebLinkAboutRES 3838CITY OF RENTON,WASHINGTON RESOLUTION NO.3838 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON, OPPOSING 1-933,ENTITLED "AN ACT RELATING TO PROVIDING FAIRNESS IN GOVERNMENT REGULAnON OF PROPERTY." .WHEREAS,Initiative 933 will be presented to the voters of the State of Washington at the general election on November 7,2006,with the following official ballot title: Statement of the Subject:Initiative Measure 933 concerns government regulation of private property. Concise Description:This measure would require compensation when government regulation damages the use or value of private property,would forbid regulations that prohibit existing legal uses of private property,and would provide exceptions or payments. .Should this measure be enacted into law?Yes [ ]No L ] and WHEREAS,the passage ofl-933 would require the state and Washington cities and counties to pay landowners to follow many regulations adopted since 1996 that restrict what they can do with their property;and WHEREAS,1-933 would require agencies such as the City of Renton to undergo a lengthy and costly process prior to legislative enactments to document potential impacts of new regulations upon the use and value of property;and WHEREAS,the initiative would apply to both real and personal property,and would require compensation in advance of enforcing a regulation that results in "damaging the use or value of property;"and WHEREAS,the initiative would require local governments to redefine "damage"to include prohibiting or restricting uses that were legal as of January 1,1996;and 1 RESOLUTION NO.3838 WHEREAS,the length and complexity of the aforementioned and required pre- enactment process would shift resources and staff time away from reviewing and processing all other permits,thus forcing the City to concentrate primarily on 1-933 claims,pre-enactment analysis and mitigating the City's liability,to the detriment of the City's existing permitting obligations;and WHEREAS,because the broad definition of "damaging the use or value"includes,but is not limited to,prohibiting or restricting any use or size,scope,or intensity of any use legally existing or permitted as of January 1,1996,1-933 would dismantle all post-1996 regulations, including but not limited to development regulations and critical area regulations adopted pursuant to the detailed public participation process required by the Growth Management Act; WHEREAS,1-933 will lead to incompatible growth,which would potentially adversely affect the value and use of adjacent properties and detrimentally affect the City's ability to provide needed infrastructure,public services,and public safety that are necessary to promote healthy and prosperous communities;and WHEREAS,the City supports the benefits of balancing public good and private property rights;and WHEREAS,while it appears that waiving regulations is an alternative to payment under the initiative,it is unclear how the authority to waive regulations will be granted and it is likely that the City would suffer increased liability because of such waivers;and WHEREAS,by its terms,the provisions ofl-933 are to be "liberally construed"(Section 6)and its exceptions "shall be construed.narrowly"(Section (2)(c);and WHEREAS,it is unclear what regulations are exempt from 1-933,especially regulations which differentiate between allowed or restricted uses within different parts of a community;and 2 RESOLUTION NO.3838 WHEREAS,the Association of Washington Cities,with the aid of the Office ofFinancial Management (OFM),has estimated that the statewide annual administrative costs to cities alone would be between $60 million and $76 million,while the state-wide cost to cities for paying off claims for actions or conditions impacting land between 1996 and 2006 is estimated to be between $3.5 and $4.5 billion;and WHEREAS,in 1995,Washington voters rejected a property-rights measure similar to 1- 933 that had been drafted largely as a backlash against the statefs 1990 Growth Management Act; and WHEREAS,opponents of 1-933 include Governor Christine Gregoire and former Washington state governors Albert Rosellini,Dan Evans,John Spellman,Booth Gardner,Mike Lowry,and Gary Locke;environmental and land-conservation groups;the Greater Seattle Chamber of Commerce;organized labor;and the American Planning Association;and WHEREAS,prior to adoption ofthis resolution,the City ofRenton gave notice ofthe open public meeting of the City Council held on October 23,2006,at which consideration of this resolution was heard,the notice contained the official Ballot Title,and equal opportunity was given at the meeting for any person to express an opposing or supporting view; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION II.The City of Council of the City of Renton declares its opposition to Washington Initiative 933,and urges voters to vote "no"on the initiative at the Nov.7,2006, general election. 3 RESOLUTION NO.3838 PASSED BY THE CITY COUNCIL this 23rd day of_o_c_t_o_b_e_r ,2006. Bonnie I.Walton,City Clerk APPROVED BY THE MAYOR this 23 rd day of_o_c_t_o_b_e_r ,2006. Lawrence J Warr ,City Attorney RES.1218:101l7/06:ma 4